JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): On 21st July, 1997, Jimoh .J., while sitting at the High Court of Justice, Ibadan, handed out his ruling in which he dismissed the 1st Appellant/Applicant's motion which related, in the main, to incompetence of the action for non service of a statutory pre-action notice. The learned trial judge, without any iota of evidence led before him on the basically declaratory reliefs claimed by the respondents, as plaintiffs, concluded that the land of the plaintiffs which is no more required for public purpose for which it was originally required automatically reverts to them and their right or interest in the land resurrects. He also found that the 1st Appellant had no power whatsoever under the law to transfer, lease or sell the property in dispute to the 2nd and 3rd defendants, inter alia.
The 1st appellant naturally felt unhappy with the stance posed by the learned trial judge and filed its appeal dated 7th August, 1997 on the…